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GAHC020007032024

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL

PRADESH)

KOHIMA BENCH

Case No. : WP(C)/263/2024

SMTI. NGAMHAI Y KONYAK

D/O YATWANG

R/O MON VILLAGE, MON NAGALAND

VERSUS

THE STATE OF NAGALAND AND 4 ORS

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND

NAGALAND KOHIMA 2:THE HOME COMMISSIONER

NAGALAND KOHIMA

3:THE SPECIAL SECRETARY

HOME DEPT.

NAGALAND KOHIMA

4:THE DIRECTOR GENERAL

HOME GUARD

CIVIL DEFENCE AND STATE DISASTER RESPONSE FORCE

NAGALAND KOHIMA

5:SHRI MANLIP N. KONYAK

C/O THE DISTRICT COMMANDANT

HOME GUARD

CIVIL DEFENCE AND STATE DISASTER RESPONSE FORCE

MON ANGALAN

Advocate for the Petitioner : KIM PIENYU, LUCY WEO,REBECCA,NISUKA

CHISHI

Advocate for the Respondent : GOVT ADV NL,

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BEFORE

HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 12/05/2026

Heard Ms. Kim Pienyu, learned counsel for the petitioner. Also

heard Mr. Philip Lorin, learned counsel for the respondent No.5 and Mr. M.

Longkumer, learned Government Advocate for the State.

2. The petitioner in the present proceedings has assailed the

approval granted for appointment of the respondent No.5 against the

post of MTS, becoming available in the establishment of the District

Commandant, Home Guards, Civil Defence and State Disaster Response

Force, Mon, Nagaland. The petitioner has further prayed for a direction

upon the respondent authorities to consider her case for appointment

against the said post, by reckoning her to be a member of the family who

had donated land for setting up of Government establishments in Mon

District.

3. The petitioner in the writ petition has projected that after the

th

State of Nagaland was formerly inaugurated as the 16 State of the

country, an agreement dated 21.02.1964 came to be executed between

the Additional Deputy Commissioner, Mon and the Anghs, Goan Boras and

elders of Chui and Mon Villages for donation of land without any

consideration for setting up of the district head quarters at Mon. It is

projected that in terms of the said agreement, the villagers concerned

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were entitled to retain certain percentage of taxes realized as house or

business taxes from private person residing within the area, in question.

It is further projected that the said agreement was reviewed on

25.02.2015 and the villagers not being in a position to collect the taxes as

agreed, it was provided that preference would be given to villagers of

Chui and Mon village for appointment against Grade-IV post in

Government departments, situated in the district. It is also projected that

in pursuance to a consultative meeting held on 04.06.2024, a

Memorandum of Agreement was executed between the Governmental

Authorities and the villagers of Mon and Chui village and therein, it was

resolved that 49.5% post falling vacant in Grade-IV category in the

Government establishment situated within the district, shall be reserved

for villagers of Chui and Mon, who had donated land for setting up of

such Government establishments.

The petitioner projects that on a vacancy arising in the

establishment of the District Commandant, Home Guards, Civil Defence

and State Disaster Response Force, Mon, against a Grade-IV post, she

had submitted an application for consideration of her case for

appointment against the said vacant post by reckoning her to be a

member of the family who had donated land. The claim made by the

petitioner was however not considered and the Government of Nagaland

in the Home Department proceeded to accord Administrative Approval for

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appointment of the respondent No.5, herein, against the said vacant

post, which was claimed by the petitioner, herein.

Being aggrieved, the petitioner has instituted the present writ

petition.

4. The learned counsel for the petitioner by reiterating the facts

noticed, hereinabove, has submitted that the petitioner being a resident

within the area forming the district headquarters of Mon District and the

villagers of the area having donated land, in terms o